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Overview : I Visas for Journalists
Posted
Oct 19, 2001
In earlier issues of the MurthyBulletin, we have completed our
overview series from A to H visas, which include the following in the H visa
category: H1B/H-4, H2A, H2B and H-3 visas. Continuing with our overview of
the visa categories for the benefit of our MurthyBulletin and MurthyDotCom
readers, we now explain the “I” visa category.
The I visa category is for media representatives of foreign press, radio,
film, or other foreign information media. The role of foreign media in the
U.S. is significant, particularly with the worldwide events taking place
after September 11, 2001, where U.S. media need similar visas from countries
where they report on international developments. For example, our news media
would need to obtain visas comparable to the U.S. I visa to enter Pakistan,
Afghanistan, and other countries.
For the I visa, there is a fundamental requirement that the applicant be a
genuine representative of the media organization in question. It is
acceptable for the work to be on a freelance rather than a permanent basis,
as long as the person has a valid employment contract with the media
organization.
Foreign media organizations include those engaged in the following
activities:
a)
Film : It must be educational or informational. Film production
or distribution is not included unless it meets one of the above educational
or informational criterion. Private production crews are included where film
is distributed for information or news.
If the film is commercial entertainment or for advertising purposes, the
camera crew and other associated workers will need to obtain H or B-1 visas,
rather than I visas. This is the case even if the film is for the purpose of
foreign distribution and there is no U.S. remuneration.
b) Television : Again, the content of
the program must be news, not entertainment.
c) Print publications and other information sources
: including newspapers, magazines, on-line news sites, etc.
A foreign organization
owned by U.S. shareholders can be considered Foreign media for purposes of
the I visa, as long as its staff is predominately foreign employees whose
purpose is collecting information for a foreign audience. Note that an I
visa holder may be employed by a U.S. branch office or U.S. subsidiary of
the foreign company, provided his or her activities are being conducted
primarily for the benefit of the foreign-based media organization. The home
office must be in a foreign country.
Conditions on Stay The
applicant must be coming to the U.S. solely for the purpose of engaging in
his/her profession with the media organization. The conditions on stay in
the U.S. that an I visa holder enjoys are contingent upon reciprocity
between her/his home country and the U.S.
The I visa is company-specific, so the visa holder must be working for that
particular organization only. If a person has held a prior I visa and is
applying again at a consulate, it is not unusual for the consulate to ask
for tax returns as proof of where the person has actually been working.
Extensions of the I visa or the I status are for 1 year at a time.
Any overstay is not subject to the provisions of 222(g) of the Immigration
and Nationality Act. That section of the law provides for a nonimmigrant
visa to be made void after one has stayed beyond his/her authorized
duration. It also requires that the person make all future visa applications
in the home country only. One who is on I visa status is not subject to this
section of the law until it is actually determined by the INS that there was
an unauthorized stay. This is because the I visa holder is given D/S or
“Duration of Status” upon entry, as with F-1 students and J-1 scholars.
Procedure As mentioned above, I visa holders are admitted for duration of status. For
permission to change employers, one must file the appropriate paperwork with
INS. The I visa is one of the categories the U.S. Department of State can
revalidate within the U.S., so it is not necessary to travel abroad to
obtain the new visa stamp. There are no limitations on total stay under this
category and it is therefore possible for the applicant to remain in the
U.S. indefinitely provided the extensions are filed each year. Note that
there is also no requirement that the applicant prove maintenance of a
residence abroad. Furthermore, there are no restrictions on applying for
permanent residence while on the I visa.
Employment of Spouse / Children Note that unauthorized employment of any family members of the I visa holder
does not violate their status. Immigration authorities will take no action
requiring departure. Extensions will be granted under these circumstances as
long as the principal I holder is in valid status, even if a dependent has
undertaken unauthorized employment. Of course, the employer of the family
member could be subject to employer sanctions for hiring a person who is not
authorized under the law to work, pursuant to the Immigration Reform Control
Act of 1986.
©
The
Law Office of Sheela Murthy, P.C.
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